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The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition

By
J Patrick Huston

The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition

By
J Patrick Huston

The comprehensive analysis is accompanied by a synthesis of the Uniform Trade Secrets Act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost. This is a must-have resource for trade secret litigators seeking the best published cases supporting their claims, and for others who want a better understanding of UTSA case law.

The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition

By
J Patrick Huston

The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition

By
J Patrick Huston

The comprehensive analysis is accompanied by a synthesis of the Uniform Trade Secrets Act case law determining the key trade secret issues as well as online synopses of each UTSA case, organized by the type of the alleged trade secret, the industry, and whether the trade secret owner won or lost. This is a must-have resource for trade secret litigators seeking the best published cases supporting their claims, and for others who want a better understanding of UTSA case law.

Out-of-state cases under the Uniform Trade Secrets Act (UTSA) can help win UTSA cases, and courts are frequently required to consider out-of-state UTSA cases in state UTSA actions and in federal actions under the Defend Trade Secrets Act, where UTSA claims are often asserted. But finding out-of-state UTSA cases supporting one's claims can be daunting.

This updated edition makes out-of-state UTSA cases readily accessible by analyzing all of the first 40 years of state and federal UTSA published cases (1979–2018) from the 49 UTSA adopting states, which discuss three important issues:

Is the information at issue a trade secret under the UTSA?

Did the defendant’s conduct constitute trade secret misappropriation under the UTSA?

Is the plaintiff entitled to an injunction, damages, and/or attorney’s fees under the UTSA?

The comprehensive analysis is accompanied by a clear synthesis of the UTSA case law determining the three trade secret issues above, as well as online synopses of each of the UTSA cases, organized by the type of the alleged trade secret (software, customer list, etc.), the industry involved (software, medical, etc.), and whether the trade secret owner won or lost.

The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act, Second Edition is a "must-have" resource for trade secret litigators seeking the best published cases supporting their UTSA claims, and for others seeking to better understand UTSA case law.

Praise for The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act

"I recently discovered one most impressive publication on trade secrets law entitled The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act by J. Patrick Huston. The academic effort to compile this treatise far surpasses research and resources on UTSA law and case law developments. But it is much more than a treatise or a collection of trade secret cases. It is a trade secret litigator's guide to case law and analysis on the three overriding substantive issues in trade secret litigation: (1) is the information at issue a trade secret under the UTSA; (2) did the defendant’s conduct constitute misappropriation under the UTSA, and (3) what are the appropriate remedies for misappropriation under the UTSA.

This will be a go-to resource for developing federal law under the new Defend Trade Secrets Act which became effective on May 11, 2016 because the DTSA builds upon the UTSA. Trade secret litigators and Judges can now readily access and cite leading UTSA cases in emergency trade secret lawsuits by immediate reference to earlier analogous trade secret decisions readily accessible (organized by both state and type of trade secret). As a trade secret litigator and a professor teaching trade secret law for the past 23 years, I highly recommend the purchase of this phenomenal publication on trade secrets law."-- R. Mark Halligan, FisherBroyles, Co-author of the Defend Trade Secrets Act of 2016 Handbook

Praise for the First Edition

“The Law of Trade Secret Litigation Under the Uniform Trade Secrets Act sets a very high standard for all future legal texts. After 6 years and 4000 pages, Patrick Huston has created a superb resource for both those dealing with the trade secret issue for the first time and those with substantial experience."

John H. Lewis, Jr. | Montgomery, McCracken, Walker & Rhoads, LLP

“This is the most comprehensive work I have seen synthesizing the UTSA law across the nation… This publication is a valuable resource for any trade secret practitioner to locate case law and to learn how state and federal courts across the nation have ruled on these issues.”

About the Author

J. Patrick Huston graduated from the University of Texas at Austin with High Honors and was admitted to Phi Beta Kappa. He went on to graduate from Northwestern University School of Law in Chicago, where he published a paper with evidence scholar Professor Jon Waltz. Since law school, Patrick has been associated with several distinguished law firms, including the international firm of Morgan, Lewis & Bockius, where he litigated business cases, including trade secret cases, for 25 years. Patrick has served as the Co-Chair of the Intellectual Property Section of the San Diego County Bar Association and has lectured frequently on trade secret litigation law topics.